CIVIL SERVICE - POLICE OFFICER DISCIPLINE

ISSUE & DISPOSITION

Issue

Whether the New York City Civil Service Commission has jurisdiction to hear
and decide appeals by uniformed police officers disciplined pursuant to §
14-115 of the Administrative Code of the City of New York.

Disposition

The Civil Service Law explicitly limits the Commission's jurisdiction to appeals
from discipline imposed pursuant to Civil
Service Law § 75; punishment imposed by the New York City Police Commissioner
pursuant to section 14-115 does not fall within that provision.

SUMMARY

Police Department dismissed Officer Montella after a drug test revealed traces
of a cocaine metabolite in his system.

Montella first appealed the dismissal in an article 78 proceeding, alleging
that the determinations were not supported by substantial evidence. Appellate
Division agreed, and ordered a new Police Department hearing.

After he was found guilty at the second hearing and dismissed pursuant to §
14-115 of the Administrative Code of the City of New York, Montella appealed
to the Civil Service Commission. The Commission reversed the dismissal. The
Police Department, however, refused to reinstate Montella, and requested that
the Commission withdraw its determination because it lacked subject matter jurisdiction
to hear the appeal. Montella commenced a new article 78 proceeding to compel
his reinstatement, while the Police Department brought an article 78 proceeding
to request annulment of the Commission's determination.

The Supreme Court consolidated the two proceedings and concluded that the Commission
had had jurisdiction to hear Montella's appeal: although the charges against
Montella were not based upon Civil Service Law § 75, the Commission had
overall authority pursuant to New York City Charter § 812(d) to determine
appeals by any person aggrieved by a determination of a personnel director.

The Appellate Division affirmed on other grounds, concluding § 14-115
was simply a local law administering Civil
Service Law § 75. The court thus held that the Civil Service Law "affords
officers the option of either article 78 review or an appeal to the City Civil
Service Commission."

The Court of Appeals reversed. The provisions of the City Charter and Administrative
Code, the Court held, vest disciplinary power over police officers in the Police
Commissioner, whose determinations are subject only to article 78 review. Civil
Service Law §§ 75, 76.
The Court also observed that since the disciplinary provisions of the Code predate
the applicable Civil Service Law provisions, the former could not have been
enacted simply to implement the latter, as the Appellate Division had concluded.